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4 CapitalPress.com February 24, 2017 Idaho irrigators back bills fi ghting Oregon fi sh plan Idaho legislators are reacting to a case involving Oregon’s demands that Idaho Power Co. take steps to allow endangered steelhead and salmon passage above the Hells Canyon Complex of dams as a condition of relicensing of the project. 82 HELLS CANYON NAT’L REC. AREA Enterprise Joseph 350 Wallowa Lake WALLOWA- WHITMAN NAT’L FOR. Eagle Cap 9,595 ft. Ore . Ida ho BOISE — Idaho irrigators are backing four bills in the state Legislature challenging the State of Oregon’s attempt to reintroduce endangered fi sh into the Snake River wa- tershed upstream of the Hells Canyon Complex of dams. For decades, the Brown- lee, Oxbow and Hells Can- yon dams — which provide about 30 percent of Idaho Power Co.’s total energy — have blocked the migration of anadromous salmon and steelhead trout, which once spawned in the upstream channel and tributaries. The original federal li- cense to operate the complex expired in 2005. As part of the ongoing relicensing process, Oregon issued a draft Clean Water Act certifi cation re-es- tablishing the historic migra- tion, in confl ict with Idaho’s draft certifi cation. In late December, the Federal Energy Regulatory Commission dismissed Idaho Power’s petition requesting that it step in and settle the dispute between the states. Four bills, drafted by the Idaho Water Users Associ- ation, were introduced Feb. 14 in the House Resources Fish passage dispute EAGLE CAP WILDERNESS Riv er Capital Press WALLOWA-WHITMAN NATIONAL FOREST Sn a ke By JOHN O’CONNELL Halfway Po w der 86 River Richland Ida ORE. Hells Canyon Dam PAYETTE NATIONAL FOREST Oxbow Dam Brownlee Dam e. Or ho Reservoir Area in detail N 10 miles 71 Alan Kenaga/Capital Press and Conservation Commit- tee concerning Oregon’s plan. House Joint Memorial 002 would formally express the Legislature’s opposition to re-introduction due to the “drastic impacts on irrigated agriculture, industry, water supply and electric gener- ation.” The joint memorial concludes Oregon’s plan would impair Idaho’s sover- eignty over its water resourc- es, thereby violating the State Water Plan. “(HJM 002) will support the longstanding position of the Legislature, as well as the governor, that there will be no endangered fi sh above Hells Canyon. Not only no, but heck no,” said Rep. Marc Gibbs, R-Grace, a farmer who heads the House com- mittee. “It’s an issue that Or- egon wants and Idaho pays for.” On the same day, the committee also printed three bills clarifying Idaho code on forced reintroduction of an endangered species by another state. HB 169 would broaden a state law requir- ing the Idaho Legislature’s blessing before the federal government or another state can forcibly introduce a spe- cies. HB 170 clarifi es that Idaho has primacy over its state waters and prohibits any species introduction that could threaten that primacy, without state consent. HB 171 grants the Hells Canyon Complex a special exemption to an Idaho law requiring infrastructure for fi sh passage past dams and other water obstructions. Marilyn Fonseca, hydro- power program coordinator with the Oregon Department of Environmental Quality, said her state has extended a public comment period on the draft Clean Water Act certifi - cation until Feb. 28. Oregon would like to introduce salm- on and steelhead into Pine Creek — a tributary that orig- inates in Oregon and connects with the main-stem Snake upstream of the dams — and expand to other tributaries based on the level of success. The plan would require Idaho Power to trap and transport trout to assist them on their migration back to the Pacifi c Ocean. Fonseca explained her state considers fi sh passage to be integral in meeting its own EPA-approved water-quality standards. “We’re certainly aware that (Idaho) is not happy with the inclusion of fi sh passage, but we are continuing with that process,” Fonseca said. She said Idaho, Oregon and Idaho Power offi cials are already collaborating on efforts to address water-qual- ity impairment upstream of Hells Canyon, due largely to agricultural nutrients and sed- iment. Idaho Power spokesman Brad Bowlin said his com- pany supports the irrigators’ bills, noting 95 percent of the company’s customers are in Idaho. “We really think this water quality certifi cation process is not the appropriate place to introduce this passage and reintroduction issue,” Bowlin said. Washington farmers seek shield against agritourist lawsuits Senate committee endorses immunity if warning signs are prominently posted By DON JENKINS Capital Press LEGAL Request for Proposals Fiscal Year July 1, 2017 - June 30, 2018 The Oregon Beef Council is soliciting proposals for projects in the following areas: 1) Positive Producer Image 2) Studying Legislation 3) Education related to beef 4) Generic promotion of beef Any individual or organi- zation may propose projects in any of the categories listed above. Projects must meet the Beef Council’s mission of enhanc- ing the beef industry’s image of profitability of Oregon’s beef industry. Approved pro- jects must comply with the Beef Promotion and Research Act and O.R.S. 577 To present a proposal you must complete and submit an Authorization Request Form by March 17, 2017 at 4:00 p.m. Download an Authorization Request Form from orbeef.org or by contacting the Oregon Beef Council office (503) 274- 2333 or via e-mail at julie@orbeef.org. legal-8-2-4/#4 Dan Wheat/Capital Press Followed by his sister, wife and kids, Jake Chanley carries pumpkins to his car in October 2015 at Annie’s Fun Farm in East Wenatchee, Wash. The state Legislature is considering granting agritourism operators immunity from lawsuits by customers injured on the farm. warn customers about slip- pery ground, sharp-toothed animals and moving tractors. But they still see cringe-in- ducing behavior and fear bankrupting lawsuits. “To be frank, it is a dis- LEGAL PUBLIC LIEN SALE U-STORE SELF STORAGE Salem, Oregon Sun., March 12, 2017 10AM 1501 Hawthorne Ave. NE Carver, Montana Wayne, 1F05; Clonkey, Raymonde E, 1G17; Fernandez, Steven 2B09; Flores, Juan, 2C03; Fox, Justin, 2D73; Fuller, Kierston, 2B55; Garcia Arrendondo Serafin, 2B53; Gonzalez Gamboa, Araceli, 2B61; Greaves, Sean 2G03; Haus, John H 1C40; Kelly, Bradley, 2D15; King McKeever, Heather L, 1D17; Kinnison, Leslie, Y223; Lance, Brandi, 2D38; Mackey, Donald, 1G13; Marks, Tracy, RJ20; Morgan, Jacklyn, RJ17; Morris, Trista, 2C53; Morrison, Tonya L, 2C54; Munoz Cintora, Diana 2A08; Phylon, Hanson 1E34; Priest, Carl J, 1C09; Villasenor, Saul 1G19; Wargnier, Mike, Y4-5; Willis, Shawna R 2B13; Woodward, Timothy M, 1F16 legal-8-2-7/#T1D heartening and sickening feeling to know my family is at risk,” Ellensburg U-pick pumpkin farmer Hilary Huff- man said. Senate Bill 5808 has cleared the low hurdle of passing the agriculture com- mittee, on a 6-3 vote. The committee’s chairwoman, Moses Lake Republican Judy Warnick, sponsored the bill. The same legislation was in- troduced in the House, but was assigned to the House Judiciary Committee and did not receive a hearing. A lobbyist for lawyers who represent plaintiffs in civil “We’re talking largely about kids, putting them around heavy machinery, putting them into activities that have a danger that may not be apparent to those kids.” Larry Shannon, of the Washington State Association for Justice suits, Larry Shannon of the Washington State Association for Justice, said state law al- ready provides some liability protection for landowners who open their property for recreation. He said farmers could also have visitors sign waivers. Shannon said he was con- LEGAL LEGAL PUBLIC LIEN SALE U-STORE SELF STORAGE Albany, Oregon Sun, March 12, 2017 1PM 1668 Industrial Way SW Yesenia Ruby Birrueta Farias, H106; Craig Connelly, Y007; Trent Johnson, C005; Chelsey LaMora, H021; Kerri Lux, J049; Mike Roles, H051; Karen South, H092; David Strawn, G051 CHERRY AVENUE STORAGE 2680 Cherry Ave. NE Salem, OR 97301 (503) 399-7454 Sat., March 4th • 10 A.M. • Unit 142 - Angelique Goldschmidt • Unti 161 - Jamie/Taunya Newman legal-8-2-4/#T1D OLYMPIA — Washing- ton farmers with corn mazes, pumpkin patches and other visitor attractions are ask- ing legislators to shield them from lawsuits by injured visi- tors who didn’t heed warning signs. Many states, including Or- egon and Idaho, have granted agritourism operators immu- nity from claims arising from injuries and deaths, as long as visitors are alerted to farm hazards. Several farmers told the Senate agriculture committee at a hearing Feb. 16 that they Cherry Avenue Storage reserves the right to refuse any and all bids legal-7-2-2/#4 ePaper It’s not a website, but an exact copy of the Capital Press in pixels instead of print. It’s an electronic alternative that’s organized, browsable, interactive and now enhanced. eEdition Go to CapitalPress.com/eEdition and check it out today! cerned about the breadth of Warnick’s proposal. “We’re talking large- ly about kids, putting them around heavy machinery, put- ting them into activities that have a danger that may not be apparent to those kids,” he said. Farmers said they do what they can to keep kids and adults safe, but sometimes it’s not enough. “We’ve ac- tually had to put signs up, telling people not to not to jump off our bridges, which are 12-feet-tall, in our corn maze,” said Rob Rutledge of Rutledge Corn Maze in Olympia. Olympia farmer Jeff Schil- ter said he recently settled a lawsuit fi led by an 83-year-old man who slipped at a private event on the farm, injuring his leg so severely that it had to be amputated. Schilter said he had suggested the event be canceled because of rain. “We can’t put a sidewalk out in the middle of a fi eld, just because of practicality, but also because of govern- ment regulations,” he said. Many farmers said their families have been in agri- culture for generations. They said they turned to agritour- ism to stay profi table. Washington Farm Bureau director of government rela- tions Tom Davis said a Clark County farm with agritourist activities has seen its liabili- ty insurance rates increase by 400 percent in two years. “There is a problem that we need to fi x,” he said. “There is a reason for this bill.” To gain protection from lawsuits, farmers would have to post a sign warning visitors that they are assuming the risk. WDFW cites threats as reason to tighten release of wolf records By DON JENKINS Capital Press OLYMPIA — Legislation to shield Washington wild- life managers and ranchers from death threats also could bar the public from learning where wolves are attacking livestock and what steps are being taken to prevent depre- dations. The House State Govern- ment Committee has unani- mously endorsed withhold- ing public records that name ranchers who report and state employees who respond to depredations. House Bill 1465 also would bar releasing “any information regarding the location of the depredation” that “reasonably could be used” to identify any person. The names of ranchers who sign agreements to use non-lethal measures to deter depredations also would be ex- empt from disclosure. The bill stems from un- specifi ed threats last summer as the Department of Fish and Wildlife shot seven wolves in the Profanity Peak pack in the Colville National Forest. One producer told the Capital Press that the ranch was receiving daily death threats. WDFW wolf policy co- ordinator Donny Martorello, whose name appeared fre- quently in the media as the agency’s spokesman, told the committee at a hearing this month that he was so alarmed that he sent his family to a ho- tel. In Ferry County, where the state shot wolves, Sheriff Ray Maycumber said in an inter- view that phone calls, emails, Internet postings and sec- ond-hand reports raised con- cerns. “We heard some pretty violent rhetoric,” he said. No arrests were made and no suspects were questioned, he said. “Nothing struck us as clear and present. “If I had had something sol- id to go on, I would have spent money I don’t have to put a deputy on a plane to fl y some- where and make an arrest to set an example,” Maycumber said. “It would have been very benefi cial to everybody if I’d been able to arrest someone.” Under current disclosure laws, WDFW limited the re- lease of information last sum- mer, providing sporadic up- dates on its search for wolves. WDFW didn’t respond to a Washington State Universi- ty researcher’s claim that a rancher elected to release cat- tle “on top” of the pack’s den. Six days after the Seat- tle Times reported the claim, WSU released a statement calling the allegation against the rancher inaccurate. Cattle Producers of Wash- ington President Scott Niel- sen, who ranches in adjoin- ing Stevens County, said that during the operation in Ferry County “the crazies came out of the woodwork.” He said he couldn’t sup- port withholding information about damage-prevention agreements between the state and ranchers. The agreements make ranchers eligible for compen- sation for lost livestock and added expenses, such as hir- ing more cowboys to guard herds. “If you’re going to take state dollars and give it to ranchers for any reason, you better not keep it secret from folks,” Nielsen said. “I think the people have the right to know that.” Rowland Thompson, a lob- byist for two newspaper trade groups, likened the ranchers to crime victims. State law already allows the names of crime victims to be withheld. Thompson also said the or- ganizations are not concerned about disclosing where state employees live. “We are concerned about the location of (the depreda- tions), and we are concerned about what is done with these complaints,” he said.
